Thangasamy v. State Through The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of November Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN and The Hon`ble Ms.Justice R. POORNIMA in CRL A(MD)No.378 of 2022 THANGASAMY NOW INCARCERATED AT CENTRAL PRISON, MADURAI.

... PETITIONER/APPELLANT Vs STATE THROUGH THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RAJAPALAYAM, SEITHUR RURAL POLICE STATION, CR.NO.131/2015.

... RESPONDENT/COMPLAINANT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the sentence imposed on the petitioner/appellant/sole accused passed in Spl.S.C.No. 33 of 2015 on the file of the Learned Sessions Judge cum Special Court for Exclusive Trial of Cases under the POCSO Act 2012, Virudhunagar District at Srivilliputhur, dated 18.02.2022 and enlarge him on bail pending disposal of the instant criminal appeal.

Prayer in CRL A(MD).378 OF 2022 :

To call for the records in Spl.SC.No.33 of 2015 on the file of the Learned 1/3

Sessions Judge Cum Special Court for Trial of Cases under the Protection of Children From Sexual Offences Act 2012, Virudhunagar District at Srivilliputhur and set aside the order of conviction and sentence dated 18.02.2022. Order : This Criminal Miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.S.SRIKANTH, Advocate for M/S.APN LAW ASSOCIATES for the petitioner and of MR.T.SENTHIL KUMAR, Additional Public Prosecutor on behalf of the Respondent, the Court made the following order:- The petitioner's earlier efforts to secure suspension of sentence ended in vain. We do not find any change in circumstance.

2. The learned counsel appearing for the petitioner pleads that on medical grounds, the sentence imposed on the petitioner may be suspended. The report submitted by the learned Additional Public Prosecutor on the other hand, indicates that neurosurgical intervention is not needed at present. This report is dated 04.11.2024.

3. We are satisfied that no case for granting suspension of sentence has been made out. This petition is dismissed.

sd/- 05/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

PMU TO 1 THE SESSIONS JUDGE CUM SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR. 2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SEITHUR RURAL POLICE STATION, RAJAPALAYAM.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN in CRL A(MD) No.378 of 2022 Date :05/11/2024 SS/SKN/SAR- /13/11/2024/ 3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3